Author: mjpospis

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In Green v. Rochdale Village Social Services, Inc., No. 15 CIV. 5824 (BMC), 2016 WL 4148322 (E.D.N.Y. Aug. 4, 2016), the court granted in part and denied in part defendants’ motion for summary judgment. Plaintiff – a van driver employed by a senior center – asserted that she was subjected to sexual harassment by a…

Read More Hostile Work Environment Claim Proceeds Based on Sexual Conduct by Non-Employee Senior Citizen Client
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In a recently-filed complaint, captioned Angele Yonke v. 44 Restaurant LLC d/b/a The Lambs Club and John Fanning (SDNY 16-cv-05761 filed July 19, 2016), plaintiff alleges, inter alia, that she was subjected to retaliation after she complained that her supervisor slapped her on her right buttock.

Read More Sexual Harassment Lawsuit Against The Lambs Club Alleges Retaliation Following Complaint About Buttocks Smack
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In Doe v. Columbia Univ., No. 15-1536, 2016 WL 4056034 (2d Cir. July 29, 2016), the court held that the plaintiff adequately pled facts that plausibly support a minimal inference of sex bias. Plaintiff, a male Columbia University student, alleges that Columbia violated Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et…

Read More Title IX Claims Plausibly Alleged Against Columbia University
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In Matter of Boone v New York City Dept. of Educ., 2016 NY Slip Op 26240 (Sup. Ct. NY Cty. July 12, 2016), the court held that a prior conviction for petit larceny should not have barred an employee’s attempt to become a school bus attendant. The court granted the petitoner’s CPLR Article 78 petition, finding…

Read More Petit Larceny Conviction Should Not Have Barred Employment as School Bus Attendant; Correction Law Article 23-A Factors Applied
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In Santana v. Latino Express Restaurants, Inc., No. 15CV4934-LTS, 2016 WL 4059250 (S.D.N.Y. July 28, 2016), the court found that plaintiff established her sexual harassment, unpaid wage, and retaliation claims following defendants’ default. The facts: Approximately one or two weeks after Santana started working at the Restaurant, [defendant Tommy] Pimental [the restaurant’s co-owner and manager and…

Read More Sexual Harassment, Hostile Work Environment, Retaliation, and Unpaid Wage Claims Established Against Latino Express Restaurants
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In Yang v. Dep’t of Educ. of the City of New York, 2016 WL 4028131 (E.D.N.Y. July 26, 2016), the court denied defendant’s FRCP 12(b)(6) motion to dismiss plaintiff’s disparate treatment and hostile work environment claims based on her national origin (Chinese). As to plaintiff’s hostile work environment claim, the court explained: [T]he Court concludes…

Read More National Origin (Chinese) Disparate Treatment and Hostile Work Environment Claims Plausibly Alleged
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In a recently-filed lawsuit, captioned Thiery v. Slover & Co. et al (NY Sup. Ct NY Cty. Index # 156310/2016, filed July 28, 2016), plaintiff – who suffers from ADHD (attention deficit hyperactivity disorder) – alleges that she was subjected to discrimination based on her disability. She asserts that the company’s owners (defendants Rosemary Kuropat…

Read More ADHD Disability Discrimination Lawsuit
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I preface this by noting that this is not a political blog. That said, there are many reasons why I think Donald Trump should/must not be president. As a plaintiffs’ civil rights lawyer, the most glaring is his apparent mocking of a disabled reporter. It was cruel, unnecessary, and the opposite of presidential. Take a look: In the…

Read More On Donald Trump Mocking the Disabled
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